Non-molestation order with power of arrest - any advice?

[pinksquidgy]

Posting on behalf of a friend and don't want to give too many details because don't want her situation to be recognisable, but essentially she's being low-level harassed by her ex (father of her children) and has hit the point where she wants to seek a non-molestation order.

She's a bit brassic and doesn't want to spend the £1k or so it would take for a solicitor to do this, if possible. If anyone knows whether this is something that someone could reasonably do by themselves (she has the forms and she's generally quite canny about that sort of thing), it would be really useful. or any advice about how best to make a successful application for this sort of thing.

Thanks.

[EarthWindFire]

Personally nonI wouldn't do it without legal representation.

It's not just a case of filling in forms and getting an order.

There may be an immediate interim order, but the ex would also be given a chance to go to court and defend himself.

[EarthWindFire]

Sorry hit 'post' to soon.

There is no guarantee that it will be granted either when it comes to the hearing.

[pinksquidgy]

Thanks very much, I will pass that on.

[yougotafriend]

My sister did it herself. A women's aid group sent her all the paperwork and a template of how to complete it. She represented herself in front of the judge, tho court clerk sat with her so she wasn't totally alone.

She said it was easy, the judge didn't ask any questions just read all the paperwork and gave her 6 months.

It was free....used to be £90but the rules changed earlier this year and one costs nothing.

Get advice, yes. But don't feel pressured into paying solicitors fees.

[Hare5260]

Have her contact the National Centre for Domestic Violence (www.ncdv.org.uk). They should be able to help with a non-molestation order.

Ensure she keeps a diary of any incident and any text messages/emails.

If she lives within London, I know the Met Police's domestic violence units are outstanding, she can report incidents to them though for cases of harassment, it would usually be that he is initially given a warning and then if the abuse continues, the CPS will consider charging.

Hope the above helps.

[STIDW]

Your friend needs to be aware that there is a general court rule that the unsuccessful party to a court action pays the costs of the successful party which applies in non-mol cases. That means even if your friend represents herself it may be a false economy because if she gets it wrong there is a risk she may be ordered to pay the other sides legal costs. That may amount to £15k+.

On the other hand if a solicitor represents your friend and she is successful her ex could be ordered to pay your friend's costs.

[BCBG]

Gare5260 gives excellent advice. If she is being harassed, however low level, she needs to report it. He will receive an initial warning. If he does it again, or steps it up, he will be committing an offence. It is possible to do it herself, as yougotafriend says, but I would speak to police first - the DV teams have improved hugely in the past couple of years not before time